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date: 18 August 2019

Abstract and Keywords

This chapter focuses on issues surrounding the pretrial detention and civil detention of dangerous individuals. It first considers the legal principles of the European Convention on Human Rights (ECHR) and their interpretations by the European Court of Human Rights before discussing international regulations on pretrial detention such as those provided by the International Covenant on Civil and Political Rights (ICCPR). It then examines two major decisions made by the European Court of Human Rights concerning the question of which actions can be deemed a deprivation of liberty. It also looks at pretrial detention based on reasonable suspicion of the commission of a crime and goes on to explain the principle of proportionality underpinning the civil detention of dangerous individuals. The chapter concludes with an analysis of three different ways legal procedures can be affected by charges of terrorism.

Keywords: pretrial detention, civil detention, ECHR

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